Preetha v. Mr. G.R.N. Siva Shankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P (PD) No.1155 of 2017 Preetha ... Petitioner Vs.

G.R.N.Siva Shankar ... Respondent Prayer: Revision filed under Section 227 of the Constitution of India directing the Sub Court, Tambaram to expedite the trial in HMOP No.368 of 2016 within the time frame fixed by this Court.

For Petitioner : Mr.RM.Arun Swaminathan

ORDER

This petition has been filed to direct the Sub Court, Tambaram, to expedite the trial in HMOP No.368 of 2016 within the time frame by this Court.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 04.03.2010 as per Hindu rites and rituals at Arulmigu Sugavaneshwarar Swami Thirukovil, Salem. After the marriage, both were living together in Chennai and in their wed lock, a male child was born on 17.02.2011. From the date of marriage, the relationship between petitioner and the respondent was not normal and the respondent demanded dowry from the petitioner and tortured her. Due to continuous torture of the respondent, the petitioner filed HMOP No.368 of 2016 before the Sub-Court, Tambaram for dissolving the marriage held on 04.03.2010 on the ground of cruelty. Though the respondent received notice, he has not filed any counter in the said HMOP and the case is kept pending, without any progress. Therefore, the petitioner has come out with the present Civil Revision Petition seeking for speedy disposal of the above HMOP.

3. Learned counsel for the petitioner would submit that the petitioner is working as Lecturer in a private college and that she is unable to follow the case. He would further submit that the petitioner got job opportunity in Australia and tried to leave India with her child. Due to pendency of the litigation, she is unable to take decision and the petitioner not even claiming any maintenance from the respondent. Therefore, she prays for speedy disposal of the above HMOP. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel for the petitioner and perused the material papers available on record.

5. Having regard to the submission made by the learned counsel for the petitioner, considering the limited prayer sought for in the civil revision petition and without expressing any opinion with regard to the merits of the matter, I direct the learned Sub Court, Tambaram, to dispose of HMOP No.368 of 2016, on merits and in accordance with law, as expeditiously as possible and in any event, not later than 30th September, 2017.

6. The Civil Revision Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kal To The Subordinate Judge, Tambaram.

+1cc to Mr.R.M.Arun Swaminathan, Advocate, S.R.No.22138 C.R.P (PD) No.1155 of 2017 SV(CO) CA(12/05/2017) https://hcservices.ecourts.gov.in/hcservices/